Is Weed Legal in Tennessee?

Is weed legal in Tennessee?

Tennessee has no legal recreational or medical marijuana program; cannabis is a Schedule VI controlled substance and possessing, growing, or selling any amount remains a crime. A narrow law (2015, expanded in 2021) lets patients with certain conditions, such as epilepsy, cancer, or multiple sclerosis, possess CBD oil with less than 0.9% THC if they keep proof of a legal order or recommendation from the state where it was issued and proof of a diagnosis by a Tennessee-licensed doctor; there is no in-state dispensing system. Separately, hemp with no more than 0.3% total THC is legal and regulated: growers are licensed by the Department of Agriculture, and hemp-derived cannabinoid products (including delta-8 and delta-9 THC items) are licensed by the Tennessee Alcoholic Beverage Commission and taxed by the Department of Revenue under Public Chapter 526 (2025), in effect since January 1, 2026.

Federal hemp change: from December 11, 2026 the federal definition of hemp counts total THC, including THCA, and final hemp products with more than 0.4 mg of total THC per container are no longer hemp; products with cannabinoids the plant cannot naturally produce stop counting as hemp on November 12, 2026. What changes, state by state (P.L. 119-37 § 781; P.L. 119-103 § 2019).

Official sources HB 981 / SB 923 fiscal note, Mar 1 2025 (Tennessee General Assembly) 1 · Public Chapter 577 (2021), T.C.A. 68-7-101 (Tennessee Secretary of State) 2 · Public Chapter No. 526 (2025) – Tennessee Hemp-Derived Cannabinoid Products Act 3 · Hemp Industry – Tennessee Department of Agriculture 4 · Hemp-Derived Cannabinoid Products Tax 5 · Tenn. General Assembly, SB0280 (2015) bill history 6

Recreational (adult-use) cannabis

Recreational marijuana is entirely illegal in Tennessee, with no possession, purchase, or home-cultivation allowance of any kind; even small amounts trigger criminal, not civil, penalties. The state does allow a regulated market for hemp-derived cannabinoid products (delta-8, delta-9, and similar cannabinoids at or under 0.3% total THC) sold only to adults 21 and older through licensees of the Tennessee Alcoholic Beverage Commission, but this hemp framework is legally distinct from, and not a substitute for, marijuana legalization.

Official sources HB 981 / SB 923 fiscal note, Mar 1 2025 (Tennessee General Assembly) 1 · Public Chapter No. 526 (2025) – Tennessee Hemp-Derived Cannabinoid Products Act 3

Medical marijuana program

Tennessee has no medical marijuana program. A 2021 law (SB 118) created a Medical Cannabis Commission to study medical cannabis and recommend legislation, but the law says no medical cannabis program may operate, and no licenses may be issued, until marijuana is removed from Schedule I of the federal Controlled Substances Act. A 2026 law (Public Chapter 789) adds that if federal law reschedules marijuana, Tennessee will not reschedule it unless the General Assembly first sets up a regulatory framework. The only current medical allowance lets patients with certain conditions (intractable seizures or epilepsy, Alzheimer's disease, ALS, end-stage cancer, inflammatory bowel disease, multiple sclerosis, Parkinson's disease, HIV/AIDS, or sickle cell disease) possess CBD oil with less than 0.9% THC. They must keep proof of a legal order or recommendation from the state where it was issued and proof of a diagnosis by a Tennessee-licensed doctor (plus a doctor's letter for the conditions added in 2021). There is no in-state patient registry, ID card, dispensary, or caregiver system.

Official sources Public Chapter 577 (2021), T.C.A. 68-7-101 (Tennessee Secretary of State) 2 · Tenn. Public Chapter 789 (2026), SB 1603 7

Possession limits

Tennessee sets no legal possession amount for recreational or medical marijuana because both remain illegal; any amount is a crime. Simple possession is a Class A misdemeanor (up to 11 months 29 days in jail and a $2,500 maximum fine), with a minimum fine of $250 on a first offense and $500 on a second offense. Possessing one-half ounce (14.175 grams) or more with intent to sell or deliver is a Class E felony. Separately, adults 21 and older may legally possess hemp-derived cannabinoid products (delta-8, delta-9, etc.) at or under 0.3% total THC, in packages capped at roughly 300 mg total or 15 mg per serving.

Official sources Public Chapter No. 526 (2025) – Tennessee Hemp-Derived Cannabinoid Products Act 3 · Tennessee General Assembly (PDF: SB2095.pdf) 8

Buying cannabis

No one may legally purchase marijuana for recreational or medical use in Tennessee because neither program exists; selling one-half ounce to 10 pounds is a Class E felony, larger amounts carry higher felony classes, and distributing one-half ounce or less is a Class A misdemeanor. Adults 21 and older may buy licensed hemp-derived cannabinoid products from a Tennessee Alcoholic Beverage Commission-licensed retailer only in a face-to-face, in-person transaction; shipping or delivery to consumers is prohibited. Patients with qualifying conditions may possess CBD oil with less than 0.9% THC under a legal order or recommendation from another state; there is no in-state medical dispensary.

Official sources Public Chapter No. 526 (2025) – Tennessee Hemp-Derived Cannabinoid Products Act 3 · Tennessee General Assembly (PDF: SB2095.pdf) 8 · Public Chapter 577 (2021), T.C.A. 68-7-101 (Tennessee Secretary of State) 2 · HB 981 / SB 923 fiscal note, Mar 1 2025 (Tennessee General Assembly) 1

Growing cannabis at home

Home cultivation of marijuana is illegal in Tennessee for any purpose, recreational or medical, at any quantity. No caregiver cultivation program exists because there is no medical marijuana program.

Official sources HB 981 / SB 923 fiscal note, Mar 1 2025 (Tennessee General Assembly) 1 · Tennessee Code Annotated § 39-17-417(g)-(j) (official free access is LexisNexis-hosted; not fetchable) 9

Penalties

Tennessee has no decriminalization; even a small amount of marijuana is a Class A misdemeanor (up to 11 months 29 days, a mandatory $250 fine on a first offense, $500 on a second one). Sale or cultivation is a tiered felony scheme that scales with weight or plant count, starting with a Class E felony for selling one-half ounce to 10 pounds and rising to higher felony classes for larger amounts. Marijuana DUI uses an impairment standard, and minimum jail time rises for repeat offenses (48 hours for a first offense, 45 days for a second, 120 days for a third). Tennessee also charges an Unauthorized Substances Tax on dealers who possess untaxed marijuana, which does not exempt them from prosecution.

Official sources Public Chapter No. 526 (2025) – Tennessee Hemp-Derived Cannabinoid Products Act 3 · Unauthorized Substances Tax – Tennessee Department of Revenue 10 · Tennessee General Assembly (PDF: SB2095.pdf) 8 · Tenn. Public Chapter 154 (2013), amending § 55-10-402 11

Product rules: CBD, delta-8 and hemp

No marijuana products of any kind may be legally sold in Tennessee. Licensed hemp-derived cannabinoid products must be child-resistant, list ingredients and THC content, carry a batch QR code, and observe potency caps (generally 15 mg of cannabinoid per serving and 300 mg per package, or 500 mg per vape cartridge); products cannot be shaped like animals or cartoons or marketed to appeal to minors. Synthetic cannabinoids and THCp are banned outright, and any hemp product exceeding 0.3% total THC is illegal. The state's very limited medical allowance covers only CBD oil with less than 0.9% THC.

Federal hemp change: from December 11, 2026 the federal definition of hemp counts total THC, including THCA, and final hemp products with more than 0.4 mg of total THC per container are no longer hemp; products with cannabinoids the plant cannot naturally produce stop counting as hemp on November 12, 2026. What changes, state by state (P.L. 119-37 § 781; P.L. 119-103 § 2019).

Official sources Public Chapter 577 (2021), T.C.A. 68-7-101 (Tennessee Secretary of State) 2 · Hemp Industry – Tennessee Department of Agriculture 4 · Public Chapter No. 526 (2025) – Tennessee Hemp-Derived Cannabinoid Products Act 3

Cannabis taxes

Tennessee collects no percentage-based excise or sales tax on cannabis because marijuana sales are illegal. Licensed hemp-derived cannabinoid products are instead taxed at wholesale (2 cents per milligram of cannabinoid, or $50 per ounce of hemp flower, $4.40 per gallon of liquid product), with revenue split between the state general fund and the regulating agencies. Separately, Tennessee's Unauthorized Substances Tax requires dealers who possess untaxed marijuana to pay $3.50 per gram (or $350 per marijuana plant), with tax stamps as proof of payment, though doing so provides no immunity from prosecution.

Official source Unauthorized Substances Tax – Due Date and Tax Rate – Tennessee Department of Revenue 12

Cannabis business licensing

Tennessee has no licensed marijuana business framework because commercial cultivation, processing, and retail sale of marijuana are entirely illegal, so there are no marijuana license caps, fees, residency rules, or vertical-integration rules. Separately, the state licenses the hemp-derived cannabinoid product (HDCP) industry through the Tennessee Alcoholic Beverage Commission: suppliers ($500 application, $2,500 annual fee), retailers ($500 application, $1,000 annual fee), and wholesalers ($500 application, $5,000 annual fee) may hold multiple license types, and retail HDCP locations must generally sit at least 1,000 feet from a K-12 school.

Official source Public Chapter No. 526 (2025) – Tennessee Hemp-Derived Cannabinoid Products Act 3

Visiting Tennessee?

• Buying as a visitor: Recreational sales are not legal in Tennessee.
• Out-of-state medical cards and visiting patients: Tennessee has no medical cannabis card program or patient registry, so it has no rule recognizing another state's card or visiting patients.
• Federal land and airports: cannabis remains illegal in national parks and on other federal land even in states where it is legal, and TSA refers any illegal substance found at airport screening to law enforcement. Do not cross state lines with cannabis.

Official sources Public Chapter No. 526 (2025) – Tennessee Hemp-Derived Cannabinoid Products Act 3 · National Park Service – Shenandoah: alcohol and marijuana policy 13 · TSA – What can I bring? Medical marijuana 14

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